3.36.060 Personal services contracts.
(1) A personal services contract is a contract primarily for the provision of services that require specialized technical, creative, professional or communication skills or talents, unique and specialized knowledge, or the exercise of discretionary judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services include, but are not limited to, the services of architects, engineers, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The city administrator or his or her designee shall have discretion to determine whether a particular type of contract or service falls within the foregoing definitions.
(2) Procedure. The following procedures shall apply to the solicitation and award of personal services contracts:
(a) Personal Services Contracts Where the Estimated Fee to Be Paid Under the Contract Does Not Exceed $25,000. Personal services contracts involving an anticipated fee not to exceed $25,000 per fiscal year shall be awarded by the city administrator or their designee following a solicitation of offers made by the city administrator in any manner deemed to be practical or convenient. The city administrator or designee may choose any method of selecting such contractors as he/she, in his/her discretion, determines to best suit the needs of the city, including but not limited to direct solicitation and negotiation with contractors, obtaining oral quotes or obtaining written quotes. The city administrator shall determine the selection criteria to be used in any solicitation for a personal service contract falling under this section and shall have authority to negotiate and enter into the contract.
(b) Personal Services Contracts in Excess of $25,000. Personal services contracts to which subsection (2)(a) of this section does not apply, and having an anticipated fee in excess of $25,000 per fiscal year, shall be awarded by the city council following solicitation of offers based on the procedure and selection criteria adopted by the city council before offers are solicited.
(c) Except as otherwise provided in this chapter, for all other personal services contracts, including amendments to and annual renewals of existing contracts and emergencies, the city administrator or his or her designee may enter into the contract without a solicitation of offers. A personal services contract shall not be artificially divided or fragmented to qualify for the award of procedures provided by this subsection.
(d) The following criteria shall be considered in the evaluation and selection of a personal services contractor. This section does not preclude the use of additional criteria as may be necessary for a particular contract:
(i) Total cost to the city for the delivery of services.
(ii) Specialized experience in the type of work to be performed.
(iii) Capacity and capability to perform the work, including any specialized services within the time limitations for the work.
(iv) Education and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration, where applicable.
(v) Utilization of locally procured goods, services, or personnel.
(vi) Other criteria specifically listed in the solicitation document on a case-by-case basis. (Ord. 1969 § 3, 2009; Ord. 1933 § 6, 2005)